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6. Offences against the code of conduct
 
  Article 38-Offences of unlawful orders  
38.1 Offences of unlawful orders  
  The offence of unlawful order is when a superior rank gives a direct order to a lower ranked member of the armed forces both of whom are not in combat which is in contravention to the Military Code, Criminal Code and/or Constitution of United Ireland.  
 
 Primary Fact(s)
 1. That at a time and place a member of the armed forces was given a direct order by a superior officer;
 2. That all orders not in combat which contravene the Military Code, the Criminal Code and the Constitution of United Ireland are unlawful;
 3. That the actions of the accused contributed to the unlawful order;
 4. That the actions of the accused were done with the knowledge and intent to give an unlawful order;
 
 
 Penalty Conditions (Level 2-Offence)
Type
Condition(s)
1-3
a) If order related to an activity of clerical/functional/support, not involving weapons;
4-6
a) If order related to a personal physical activity, not involving weapons;
 
 
 Penalty Conditions (Level 3-Offence)
Type
Condition(s)
1-3
a) If order related to activity associated with military equipment not involving live ammunition;
4-6
a) If order related to a system requiring safety standards involving dangerous materials;
 
 
 Penalty Conditions (Level 4-Offence)
Type
Condition(s)
1-3
a) If order related to an activity involving the use of live weapons;
b) If order related to the staying at post and the use of live weapons;
4-6
a) If order related to the receiving/analysis of classified information;
b) If order related to the transmission of classified information;
 
     
     
 
 

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